Manufacturing Cycle

2. Manufacturing Cycle Reduced Materials By-products TSCA Raw Material TSCA Resource Acquisition Mining Acts Timber Acts Clean Water Act Products Air Emissions Clean Air Act Worker Safety OSHA Waste Storm Water Recycled Liquids Hazardous (Subtitle C) Solid Waste RCRA Surface Water Discharge Clean Water Act Direct or POTW Land Disposal Incinerator Released CERCLA

19. Manufacturing Cycle Reduced Materials By-products TSCA Raw Material TSCA Resource Acquisition Mining Acts Timber Acts Clean Water Act Products Air Emissions Clean Air Act Worker Safety OSHA Waste Storm Water Recycled Liquids Hazardous (Subtitle C) Solid Waste RCRA Surface Water Discharge Clean Water Act Direct or POTW Land Disposal Incinerator Released CERCLA

20. Waste Stream Manufacturing RELEASE = CERCLA Product/ Packaging Consumption/Use RCRA Air Emissions Business Consumer Disposal Solid Waste Solid Waste Recycling HazWaste Discharge to Surface Waters RCRA RELEASE = CERCLA LAND DISPOSAL

21. Waste Stream Cont’d Solid Waste (RCRA) EPCRA Hazardous Waste Including Household Items Hazardous Material Trans. Act Landfills Incinerator RCRA Clean Air Act Treatment Storage Disposal Ocean Export Prohibited Incinerator Landfills Basel Convention Export

22. History: What’s Next Article • Rachel Carson, The Cuyahoga and the Santa Barbara Channel History • 1400 AD on: The Common Law: (a) trespass; (b) nuisance; (c) strict liability(Rylands v. Fletcher) • English Common Law adopted wholesale throughout the colonies (exc Louisiana) • Labor Movement led to workplace protection laws – inside and outside environment • Property Laws :Trespass and Nuisance Modified to meet the needs of the Industrial Revolution • 1899 Rivers & Harbors Act: Corps of Engineers has permit authority over any construction in “navigable waters of the US”. Permit authority largely ignored until the 60”s but the act was used to regulate hazards to navigation.

23. History Continued • Safe Drinking Water: Prime concern spawned early regulation of water systems • Smoke Ordinances: Backyard Barbeques and Big V-8’s: Southern California in the 60’s. Dr. Haagen-Smit • 1969 Clean Air Act - local efforts such as those in LA led to state and federal enabling legislation that defined intergovernmental relationships (eg, pre-emption) • 1969 Santa Barbara Oil Spill • 1971 Clean Air act amended gave California power to require pollution control on cars • NEPA National environmental policy Act(state environmental policy act) • May 1971 Ruckleshaus said life style change if want better environment • 1971 Lloyds’ of London no longer insure heads of companies • The Cuyahoga River Burns: The Clean Water Act revised in 1972

27. Criminal Law Administrative Law Antitrust Constitutional Law Criminal Law Environmental Law Labor Law Securities Law Civil Law Agency Bailments Bankruptcy Business Organization Commercial Paper Contracts Insurance Property Sales Secured Transactions Torts Trust and Wills Criminal and Civil Law Civil/Criminal Comparison(Legal subject indices can be found at Find law and Wash law.) An important feature distinguishing criminal and civil law is the sanction imposed on the wrongdoer. Criminal sanctions may include imprisonment while civil sanctions emphasize payment of money.

30. Legislative Branch Legislative Branch: Congress and the State Legislatures • Law Making: Policy, Committees, and Partisanship • The Budget Process: Underpinning All • Investigation and Oversight Functions • Reapportionment:The importance of reapportionment of congressional seats (which occurs once a decade) cannot be understated. With the precision of lasers of G.I.S., legislative maps are cast in concrete for ten years (although recently federal courts have re-drawn legislative maps and shifted the balance of power. North Carolina cases)

32. Executive Branch Executive Branch: President and Governors • “Bully Pulpit” • Presentation of Legislation and Budgets • The Veto: Complete, Line and Pocket • Management of Agencies: “Creative Tension”

39. Federal Courts • Constitutional Powers:Marbury v. Madison. Enforcement • Organization • District Courts, where trials occur and • findings of fact are made (by Judge or Jury) • the law is applied. • Circuit Courts of Appeal, where cases from the district courts are reviewed to ensure that the law has been applied correctly. • US Supreme Court, which hears only cases involving constitutional issues or federal questions. A case is heard only when four Justices (of the nine) vote to grant a hearing. • Specialty Courts: Bankruptcy, Patent, Tax, Environment?

41. Criminal Law & Procedure • Intro including • Exclusionary Rule • Corporate Defendants (inc. officers) • Parallel Prosecution • Investigative Stages: warrants, wiretaps • Charging Process: grand jury/information • Trial Procedure • Sentencing Issues

44. CONSTITUTIONAL ISSUES: CH. 1

45. The Supremacy Clause • Preemption- Lawsof US Supreme Court under cases where state law conflicts with federal law (p.169). Can be sword or shield: federal products liability law • Express preemption by Congress:More common of late: Clean Air Act Kinley Corp. v. Iowa Utilities (p 170) HLPSA; Clean Air Act and Clean Water Act ANTI-pre-emption language CA motor vehicle exemption • Implied Preemption:Silkwood v. Kerr-McGee 464 US 238 (1984) (pp 172-173): pre-emption of common law or state statutory actions • Cases Where Dual Compliance’s Is Impossible:FAA cases (airport hours); RCRA (p 173): hazewaste prohibition invalid, but SITING regs which are “evenhanded” are upheld (but see Nuclear Regulatory Act) • Cases Where State Law Interferes With Policy Objectives Of Federal Law:Fed Power Act (CA v. FERC, 495 US 490 (1990) CA stream flow laws “would disturb and conflict with the balance embodied in that federal agency determination.” (p 174)

46. Commerce Clause: 2 questions: (1) what can the federal government regulate? and (2) what can states regulate? Interstate Commerce Clause: part of Constitution to foster trade between states (continental free trade zone) If interstate commerce, federal government can get involved. School Gun case; US v. Lopez 514 US 549 Most environmental legislation complies with commerce clause because of the transitory nature of pollutants. What might not? USACE, “isolated wetlands” cases

47. “Dormant Commerce Clause”:How far can states go? Cannot unreasonably interfere with interstate commerce • Mud Flaps cases from the 50’s • Environmental Cases: City of Philadelphia v. NJ (ban) • taxes, fees that discriminate also violate DCC • Chem Waste Mgmt v. Hunt • The ‘balancing test”: Proctor & Gamble v. Chicago (phosphate ban): • “Where the statute regulates evenhandedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits.”

48. Congress May Authorize States to Act:Compacts-agreements set by congress, etc. between states. eg, • Southeast Regional Compact:Solid Waste Cases NB: NC as been expelled and is facing litigation to recover over $100 million lost because of delays • Tahoe Regional Planning Agency • Water Agreements

49. Evidentiary Search And Seizure • Government Conduct Required • Reasonable Expectation of Privacy • Standing • Things Held Out to the Public • Generally – No Expectation of Privacy • “Open Fields” Doctrine • Fly-Overs • Searches Conducted Pursuant to a Warrant • Requirements of a Warrant • Showing of Probable Cause • Use of Informers • Warrant Must Be Precise on Its Face • Execution of a Warrant Must Be Executed by the Police

50. Evidentiary Search And Seizure Continued • Exceptions to Warrant Requirement • Search Incident to a Lawful Arrest • “Automobile” Exception • Plain View • Consent • Stop and Frisk • Hot Pursuit, Evanescent Evidence, and Other Emergencies • Administrative Inspections and Searches • Warrant Required for Searches of Private Residences and Businesses: Proof much lower than regular S/W • Exceptions Permitting Warrantless Searches • Contaminated Food • Highly Regulated Industries • Inventory Searches • Wiretapping and Eavesdropping